Florida District Courts of Appeal, 1999

Martin v. State

Martin v. State
Florida District Courts of Appeal · Decided April 13, 1999 · Benton, Booth, Ervin
729 So. 2d 1010; 1999 Fla. App. LEXIS 4665; 1999 WL 202035 (Southern Reporter, Second Series)

Martin v. State

Opinion of the Court

PER CURIAM.

The trial court summarily denied Martin’s 3.850 motion, but failed to attach any record evidence that conclusively refutes his allegations that he was improperly denied jail time credit. See Odum v. State, 700 So.2d 388 (Fla. 1st DCA 1997); Brown v. State, 689 So.2d 1287 (Fla. 1st DCA 1997). Accordingly, we reverse the trial court’s order and remand for attachment of record evidence *1011conclusively refuting his allegations or for an evidentiary hearing.

ERVIN, BOOTH and BENTON, JJ., CONCUR.

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